20-1691.05. Prior institutionalization
A. A long-term care insurance policy delivered or issued for delivery in this state on or after July 1, 1990 shall not condition availability of benefits on prior hospitalization.
B. A long-term care insurance policy delivered or issued for delivery in this state on or after the effective date of this amendment to this section shall not:
1. Condition eligibility for benefits provided in an institutional care setting on the receipt of a higher level of institutional care.
2. Condition eligibility for any benefits, other than waiver of premium, postconfinement, postacute care or recuperative benefits, on a prior institutionalization requirement.
C. A long-term care insurance policy containing postconfinement, postacute care or recuperative benefits shall clearly label, in a separate paragraph of the policy that is entitled " limitations on benefits" , any limitations or conditions, including any required number of days of confinement.
D. A long-term care insurance policy or rider that conditions eligibility of noninstitutional benefits on the prior receipt of institutional care shall not require a prior institutional stay of more than thirty days.
E. A long-term care policy that provides benefits only following institutionalization shall not condition the benefits on admission to a facility for the same or related conditions within a period of less than thirty days after discharge from the institution.
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